A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

From October 6, 2014, the Defendant became aware of the victim E (here, 19 years old) who was hospitalized in D Hospital in Jinju-si, D Hospital in Jinju-si, provides nursing for the father hospitalized in the same sick room, and that woman was unaware of his ability to determine grade 2 of intellectual disability.

On November 1, 2014, at around 19:40, the Defendant discovered a victim who has dumped waste at a waste separation and removal site on the rooftop of the above hospital, moved the victim into the above rooftop, brought the victim to kis, exceeded the victim's kis, exceeded the victim's kis, and had sexual intercourse with the victim's kis, and exceeded the victim's kis.

Accordingly, the defendant has sexual intercourse with the victim who has a mental disability by force.

Summary of Evidence

1. Defendant's legal statement;

1. The statements of E recorded two video images of the victim;

1. The police statement concerning F;

1. Scenesizing images recorded in one copy of on-site photographs, CCTV data;

1. Application of one Acts and subordinate statutes to one copy of a certificate of disabled person;

1. Article 6 (5) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant also is a class 2 visually disabled person; in this case, it appears that the Defendant can expect the effect of preventing recidivism even with the completion of personal information registration and sexual assault treatment program. In addition, the Defendant’s age, occupation, family environment, social relationship, the background of the instant crime, and the disclosure order or disclosure order of this case.